POLICE REPORT WRITTEN AS BOTH PARTIES AT FAULT BEING THREATENED OF DL SUSPENSION?
3 attorney answers
Assessing liability in general would take much more information than is posted on this question (there are so many factors involved such as speed, exact points of impact, whether there were any independent witnesses, what ALL parties are testifying to, etc.). Liability can never really be determined based on only one party’s version of what occurred. The other party or parties may have a completely different version of the accident from yours, which will complicate the liability decision without any independent witnesses in your favor.
If the other insurance company is not accepting liability, you should use your own collision coverage and let your own insurance carrier fight it out with the other person’s carrier. Even if the police came to the scene, investigated and cited either driver, a citation is not actually proof of liability ultimately, anyway, as that would be assessed in a civil trial, not a traffic court trial (you or the other driver could be found guilty of the traffic violation and then be assessed with no liability in a civil trial).
I suspect the reason you cannot find an attorney to represent you is that you were not injured and most attorneys will not handle property-damage only cases. However, having said all that, if you were injured in the accident, I would continue to attempt to contact an experienced personal injury attorney in your area as soon as possible before talking to the insurance companies. You can use the "Find a Lawyer" link at the top of this page for the names of attorneys in your area. Most offer a free consultation and work on a contingency fee basis, so you won’t have to pay anything up front.
Please do not message me for further advice or call my former law firm if you have any further questions. If you are in need of an attorney to assist you, please search for another attorney in the jurisdiction involved in your case, as I am now retired, and my former law firm is no longer handling these types of cases. I am active on AVVO and answer questions only as a public service at this point.
IMPORTANT: No attorney-client relationship is formed through interaction with this attorney on this public forum. The contents of any comment or response should be considered general conversational discourse on the topic identified and NOT specific legal advice or analysis that might apply to your situation. If you rely upon any part of the content of this response in making any decision or pursuing any course of action, you do so at your own risk and without recourse against this attorney or law firm.
The other party cannot suspend your license but they can sue for monetary damages. If that happens, turn the matter over to your insurance company immediately.
answers to questions are for general purposes only and do not establish an attorney-client relationship.
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